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HomeMy WebLinkAbout72-31THE CORPORATION OF THE TOWN OF BOWTiANVILLE BY -LAW No. 72 -31 A By-law to amend Zoning By -Law No. 1587. WHEREAS it is deemed desirable to amend Zoning By -Law Number 1587 as amended, of the Corporation of the Town of Bowmanville NOW THEREFORE the Council of the Corporation of the Town of Bowmanville pursuant to Section 35 of The Planning Act, HEREBY ENACTS that By -Law Number 1587 as amended be further amended as follows: 1. Sub- section 5.1 of Section 5 of By -Law 1587 as amended is further amended by adding to the column entitled Zone the word "Development "., and under the column entitled Symbol the symbol "DI ', so that Subsection 5.1 of Section 5 shall read as follows:- SECTION 5: ZONES 5.1 Classification For the purposes of this By -law the following zones are hereby established within the Town of Bowmanville:- ZONE SQL Residential R Commercial C Light Industry M.1 Heavy Industry M.2 Rural A Conservation 0 Development D 2. By -law 1587 as amended is further amended by adding thereto a new Section 9A, which section shall read as follows. "SECTION 9A, DEVELOPMENT D ZONE No person shall within any Development D Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions:- - 2 - 9A.1 Permitted Uses (a) Agricultural uses including one one - family detached dwelling, but excluding uses which are abnoxious to the public welfare including poultry farms, mushroom farms, fur farms, hatcheries, commercial greenhouses, commercial dog kennesl, and piggeries or the raising of hogs. (b) One - family detached dwellings existing at the date of the passing of this by -law, and uses buildings and structures accessory thereto. 9A.2 Regulations for ricultura� l Uses (a) Minimum Lot Frontage 400 feet (b) Minimum Lot Area 10 acres (c) Maximum Lot Coverage 20 percent (d) Minimum Front Yard: (i) For dwellings and buildings accessory thereto, 30 feet. (ii) For buildings and structures not included in paragraph (i) of this clause, 100 feet. (e) Minimum Side Yard (i) 10 feet for dwellings and buildings accessory thereto, except that the minimum side yard abutting a public street shall be 30 feet. (ii) For buildings and structures not included in paragraph (i) of this Clause, 30 feet except that the m'n.imum side yard abutting a public street shall be 50 feet. (f) Minimum Rear Yard (1) 50 feet for dwellings and buildings accessory thereto. 3 (ii) For bu4 Idi-ags azi st- 'Uctures not included in pa=agra-ph W of this Clause, 50 feet except that the mi-nimL-w. rear yard abutting a public street shall be 100 feet. Mini=m Floor -Area fo-- Duelling (i) 1 stczey 950 square feet (i4-) SD level. 0 7 It�re 600 square feet minimum ground Boor area. r,,o cr cellar is provided the applicable area shall be increazed by 200 squs=e -feet. (h) M im >> Heig';--it for a "I.riling 35 feet 9A.3 Regulations for En-1azgemeat af Ez-f-sting Dwellings Permitted in Clause (b) of 3---bsection 9A.1 --.. .. 11 1 (a) Ma--ir-r=m Lot Cove rai.-Ye 20 per cent' (b) Minimum Fr=..,t Yar l (c) Minimum Side Y�;,. -I 30 feet 10 feet except as provided for in laragraphs (i) and (ii) of this clause (i) The m-L".L=m eids ya:d abut=-Lsg a public street shall be 30 feet. (ii) Cr? an 41--iteric---_^ lot no attached Uarage or att-n--ed carport is prov,-Lded, -?:'ae mizriim,.m. s--'de yard on one side shall be 15 fee-t, (d) Mi.-,jimLI ,:I j,'P;--7 35 feet (e) Maxim—m Height 35 feet -4-- 9A.4 Regulations for Accessory Buildings Permitted in Clause (b) of Subsection 9_g.l (a) Location - side or rear yard only (b) Minimum Distance from Fain Building - 5 feet provided that in no case shall any overhang, eaves or gutter project into this required area which shall be clear of any obstruction from the ground to the sky. (c) Minimum Yard T'_ uirements: (i) Except as provided in paragraphs (ii) and (iii) of this clause, no accessory bui';.din„- shall be located within 6 feet of a side or rear lot line. (ii) Notwithstanding the previsions of paragraph (i) hereof, the minimum yard abutting a public streer shall be 30 feet. (iii) Notwithstanding the provisio -as of paragraph (i) hereof, on a reversed coffer lot no accessory building shall be located u*ith z 10 feet of a rear lot line. (d) Maximum Heigh :_ 15 feet 3. By -law 1587 as amended is further r;�ended by deleting therefrom Section 14, entitled Rural Zone, and substituting therefore the following : - SECTION 14, RU: -" -- A ZONE 14.1 Permitter? Uses (a) Agricultural uses including one one -- family detached duelling, but excluding uses which are obnoxious to the public welfare including poultry farms, mushroom farms, fur farms, hatcheries, commercial dog kennels, and piggeries or the raisin, of hogs. 0 5 - (b) Oae faai ly detached dwellings existing at the date of the passing of this by «lati,7, and uses buildings and structures accessory thereto, 14,2 Regulations for ligricultural Uses Permitted in Clause (a) of Subsection 14.1 (a) Mini mum Lot Frontage 400 feet (b) Minim-1r! Lot Area 10 acres (c) Maximum Lot Cover a ;e 20 percent (d) Minimum Front Yard; (i) For dwellings and buildings accessory thereto 30 feet. (ii) For buildings and structures not includc�3 in paraSraph (i) of this clause, 100 feet. (e) Minimum, Side Yard: (i) 1-0 feet for dwellings and buildings accessory thereto, except that the minimum side yard abutting a public street shall be 30 feet, (ii) For buildings and structures not included in pa,ag raph (i) of this Clause, 30 feet except that the minimum side yard abutting 'a public street shall be 50 feet. (f) Minizaum .gear Yard: (i) 5^ feet -far e7r--flings and buildings accessory therozoo (ii) For buildings and structures not included in pa_ugraph (i) of this Clause, 50 feet except that the min nrulm rear yard abutting a public street shall be 100 feet, - 6 - (g) Minimum Floor Area for Dwelling: (i) 1 Storey 950 square feet (ii) Split level or more than 1 storey 600 square feet minimum ground floor area Where no basement or cellar is provided the applicable minimum floor area shall be increased by 200 square feet. 14.3 Regulations for Enlargement of Existing Dwellings Permitted in clause (b) of Subsection 14.1 (a) Maximum Lot Coverage 20 percent (b) Minimum Front Yard (c) Minimum Side Yard 30 feet 10 feet except as provided for in paragraphs (i) and (ii) of this clause: (i) The minimum side yard abutting a public street shall be 30 feet. (ii) On an interior lot where no attached garage or attached carport is provided the minimum side yard on one side shall be 15 feet. (d) Minimum Rear Yard 35 feet (e) Maximum Height 22 storeys 14.4 Regulations for Accessory Buildings Permitted in clause (b) of Subsection 14.1 (a) Location - side or rear yard only (b) Minimum Distance from Main Building - 5 feet provided that in no case shall any overhang, eaves or gutter project into this required area which shall be clear of any obstruction from the -round to the sky. - 7 - (c) Minimum Yard Requirements: (i) Except as provided in paragraphs (ii) and (iii) of this clause, no accessory building shall be located within 6 feet of a side or rear lot lines (ii) Notwithstanding the provisions of paragraph (i) hereof, the minimum yard abutting a public street shall be 30 feet. (iii) Notwithstanding the provisions of paragraph (i) hereof, on a reversed corner lot no accessory building shall be located within 10 feet of a rear lot lines (d) Maximum Hei -ht 15 feet 4. Maps 1, 21 3 and 4 of Schedule 14Att to Zoning By -law Number 1587 as amended are hereby further amended by changing the land use designation of certain lands to D (Development Zone) and to A (Rural Zone) so that the said Maps 1, 2, 3 and 4 as mended by this By -law shall be amended as shown on Schedule A appended and forming part of this By -law. 5. No part of this By -law shall come into force without the of the Ontario Municipal Board but subject thereto this By -law shall take effect from the date of its passing. By -law read a first, second and third time and finally passed 4 on this fourth day of July, 1972. (Signed) J, 11. Mcllroy Clerk - Administrator Mayor r rte( i r -igned) Ivan W Hobbs Mayor Form 21 —IZA Ontario 416/965 -1912 123 Edward Stroet Municipal Toronto Ontario Board M5G 1 E5 October 22, 1973 r-Mr. J .M. McIlroy Quote File Number Clerk - Administrator S 33_ Town of Bowmanville 40 Temperance Street BO- v1FDJAN`VILLB, Ontario. LLlC 3A6 Dear Sir Re: Town of BoT ,,rmanville - Restricted Area By -law 72 -31 as amended by By -law 73 -25 Enclosed is a copy of the Decision of the Board dated the 22nd day of October, 19 73, with respect to the above - mentioned application. :vj encl. Yours truly C. Saruvama Supervisor Planning Administration FR _EC�E I �VE D 1N THE MATTER OF 3ectl= 35 Act 55 )) applica- tion by T; o Corporation of .IC Wann of DoF,.,T,. `%'l' i l._ o zor ?PrDyn! of its Owuricta"! i Y j l ...w U-5 Octobert 19733, 1 T z? > AFFLICATION h avinE come on for public hearin ; on tho 10th day, of Otto o g 1973 at the Town d the hoard ha7in� rcHcrved it:-, decision i—,qtil this GUY; 7 y? o, i.7UAAD t`, . t By-law 72-31 as amended by By -law 73-25 are hereby approved. i a i_.Lo R O M 1 ' i. 3 JL 5.33 Y Vt N�EYtsi o[ii ONTARIO ONTARIO MUNICIPAL BOARD IN THE MATTER OF Section 35 of The Planning Act (R.S.O. 1970, c. 349 ) - and - IN THE MATTER OF an application by The Corporation of the Town of Bowmanville for approval of its Restricted Area By -law 72 -31 as amended by By -law 73 -25 C O U N S E L A. A. H. Strike - for the Town of Bowmanville Harry Raymond - for Hillwood Investments DECISIO14 OF THE BOARD delivered by D. S. COLBOURNE These applications affect an area of land in the northern section of the municipality, all of which has been shown in more detail as Stage 2 Development lands on Map 1 of the official plan filed as Exhibit 2. The first application, By -law 72 -31 adds to the present by -law a D, Development zone category and sets out the uses and regulations which attach thereto. This by -law also changes the existing Rural A category. Permitted uses and regulations are similar, with some exceptions to those of the aforementioned Development category. The second noted application, By -law 73 -25, amends the area requirements of a Rural A use, increasing the required parcel size from that stipulated in By -law 72 -31 to a minimum area of 25 acres. By -law 73 -25 also changes certain lands shown as D in the first application to 0, Open Space, to reflect certain hazard boundaries determined in accordance with a study undertaken by the Central Lake Ontario Conservation Authority in 1967, specifically affecting the lands surrounding the Bowmanville and Soper creeks. The applications implement the policies set out in the official plan filed as Exhibit 2, which was given ministerial approval in April of 1973 and which, as previously indicated, designates the lands covered by the applications as Stage 2 on Map 1 "Urban Development Area Staging and Servicest0. S.33 2. To date,the evidence indicates, the planning studies which necessarily involve the servicing aspect have directed themselves at a 20 -year plan population of some 15,000 persons expected by 1988. The engineering evidence indicates that the present capacity of the sewage treatment plant and the capacity of and source of water supply have been directed to this planned population and that for that population there is ample facility. The planning evidence does indicate, however, that within what is shown as Development Stage 1, Map 1, of the official plan, with the present population estimated to approximate 9,300 persons, and those areas which are presently under approved plans of subdivision, partly developed or under development (being those areas indicated on the plan filed as Exhibit 3) there would be upon completion of the development therein a population in excess of the 15,000. It is obvious then, that the purpose of the applications is to control further development in the Stage 2 area by placing upon the lands within that area the categories of Development or Rural which permit very limited residential use. Dealing with the objections, the first is that of Hillwood Investments, who own an area totalling 25 acres in the Scugog Road area. The extent of their lands lying to the east of Scugog Road appear to be no problem. The submission of counsel for that owner was that the lands lying west of Scugog Road should be designated Development rather than Agricultural as proposed in the present application. Counsel for the owner indicated that there are presently no plans relating to those lands west of Scugog Road. The present official plan designation indicates the lands as Agricultural and the zoning proposed for those Lands is Rural. The Board is of the opinion that this is an appropriate category sought by the municipality as it affects these lands. There are presently no plans for development and any plans for development of a residential or other nature would necessarily involve not only an amendment to the by -law but also an amendment to the official plan. There will be no change in respect of those lands of Hillwood Investments therefore lying west of Scugog Road. A further objection was that of Elmer T. Banting who owns an area of land presently developed for residential purposes of approximately 4 acres located at the western end of Frederick Avenue. There was S.33 3. concern as to the delineation of Open Space or his holdings. The evidence of the planner was for that category was developed as a result of Ontario Conservation Authority in 1967 and the the zoning by -law was the planner's interpreta lines established by that study. The evidence Hazard lands as they affect that the line of demarcation studies by the Central Lake plan finally arrived at for tion of the Hazard land also indicates that there is to be a study in 1973 -74 by the same Authority to more ciearl§ delineate S the actual extent of the boundaries of such Hazard lands. The submission of the owner, Mr. Banting, was to associate at least part of the lands designated as Hazard or Open Space lands with some residential development which might take place to the west of his lands and also, with a. view to perhaps developing an additional residential lot out of his own holdings. Since there are no imminent plans for development either of this individual's lands or those to the west, the Board is of the opinion that it is appropriate that the further studies be undertaken to determine the actual lines which are expected in the near future, and the Board therefore will not alter the line of demarcation as it affects these lands. There was a further submission in respect of an area of land in the ownership of penwest Developments, Schickedanz Developments Limited and W. Frank Real Estate Limited, the extent of which lands are outlined on Exhibit 4, being those lying to the south of Concession Street. The submission by the planner on behalf of these owners relates to the line of demarcation of the Hazard lands in that particular area and affects an area of 12 acres, shown as the area of objection on Exhibit 4. What is proposed by the planner for the developer is to alter the lines of demarcation in accordance with their recommendations which apparently also have some further governmental approval, which alteration would facilitate the development of their lands in this immediate area in accordance with a plan already devised, but which has not been submitted to the municipality. The extent of the evidence adduced is not sufficient to enable the Board to alter the boundaries of such a category. Since__ studies are to be undertaken to actually determine the boundaries and since some apparent agreement is suggested between provincial authorities and the owners perhaps this will assist and shorten the studies of the Central Lake Ontario Conservation Authority. In any event it is more S.33 4. reasonable that such final demarcation be made in conjunction with a plan of development which has a more formal and final status than a mere proposal. The Board therefore will not direct any change in respect of these lands. A further submission on behalf of Schickedanz Developments Limited affects a 47 -acre parcel of land located south of Concession Street and east of Mearns Street, which lands are designated in the land user plan, Map 3, of the official plan as Residential. The by -law proposes to place these lands in an Agricultural category and the objection is that the proposed category is not in conformity with the official plan. It is however to be noted that the lands of Schickedanz Developments Limited in this area, are located in the Stage 2 Development area and the uncontradicted engineering evidence is that there is no further capacity for major development beyond Stage 1 until further studies are made for expansion of present facilities. The official plan also provides, on Page 10 under General Development Policies, that it would permit the zoning of lands designated in the official plan for specific uses in an agricultural or development category pending rezoning when council is satisfied that the resulting development will be desirable, adequately serviced, and not premature. There is ample authority within the official plan text for the proposal by the municipality. The evidence is clear that the services are not available to serve the extent of these lands and the Board will therefore approve the application in respect of those lands. There was the further objection of Mr. Berkley in respect of an area of land bounded by Liberty, Concession and Mearns Streets, being that area surrounding the "School Complex" as shown on Map 3, Exhibit 2. The lands are designated for residential use in the official plan to be placed in a D, Development category in the subject application. The objector on behalf of other owners within that area suggests the proper designation should be residential, having regard to the proximity of educational, recreational and downtown facilities and the proximity to present services. The official plan text and the maps do not appear to disagree with the suggestions of the objector, except to one extent, and that is the timing of development, and suggests that these lands be in Stage 2. In respect of the adequacy of the facilities to accept waste S.33 5. disposal and provide water, the evidence is clear that the development of the scale possible in a residential category within the area of lands suggested could not be supported by the present facilities. The intent of the applications, as previously indicated, is to control and stage development in accordance with the availability of services and in recognition of the financial viability of the municipality. The evidence clearly indicates that this application is a proper Ione and having considered the individual objections, the Board will approve the applications as submitted. DATED at Toronto this 22nd day of October, 1973. D. S. COLBOURNE MaIBER LOT 14 LOT 13 LOT 12 ■ ®mss ■t ®.. � ®s11• _� _� ■_� ® bait ._ - ®E ■Emil - Mwwjn f �.o. , y _ 4 �F ' car o cl CON I Mv �' � Lis' U ✓/, f �, � �� � `: , 4 = l t _ L , r Li C � c i � •.� �.e>K =off 5+ ,u � � � � /t ••,, " � 7-, £6511 Ar,t,r O I �jl i', L:� tom- , _ Ir mm wqw ii j o „ i rs - J i � 7D +: EaSC1i A1`i. u c- r , a a _-A ij Lf , O _ j W . 7 x y - n � w< r- A. its fi � r' r r � � n.. 75- ti Y 11 x t', \ \ � 'may t_ 1 — t CON J, i (� • 1 � ' 7 THIS IS SCHEDULE "A" TO PASSED THIS DA MAYOR ll TOWN OF B HITS OF LANDS INCLUDED IN 400 80 LOT 12 LOT 11 LOT 10 w.. �I oia � so \ a . * Q s r , r - , f , . y � r M \ a 0 R t ft a RIO I .t n i. —1 - vy y .jam w, cl r L � r . ca, • � it : -w m MAm , .; 1I _ tatt4c" fia. 4 Y . 1 4 t E � t : rt \i �[k n D NJ 1 � �V r swc (_7Tj , C ¢ M 't 1 ` N 1 l } i r � u { EN�.Jjy . Q , 1 - .�.- i ! i i fit.. r ry aca >i yr r , r Set-d at. / '� L 1 _, I n 1 p n a C 1 ' *9t. •. 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